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IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


1.1 


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2.0 


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I%olDgra[J]ic 

Sdenoes 

Carporatian 


23  WIST  MAIN  STRUT 

VVBBSTIR,N.Y.  145M 

(7t6)i(72-4S03 


CIHM/ICMH 

Microfiche 

Series. 


CiHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Hittoricai  IMicroraproductions  /  institut  Canadian  da  microraproductions  historiquas 


<^ 


Technical  and  Bibliographic  Notas/Notaa  tachniquaa  at  bibllographiquaa 


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reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


D 


D 
D 


D 


D 


Coloured  covers/ 
Couverture  de  couleur 


I     I    Covers  damaged/ 


Couverture  endommag6e 

Covers  restored  and/or  laminated/ 
Couverture  restaurte  et/ou  peliiculAe 


I     I   Cover  title  missing/ 


Le  titre  de  couverture  manque 

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II  se  peut  que  certainea  pagea  blanchea  ajouttes 
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mala,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
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to 


L'Institut  a  mIcrofllmA  le  meilleur  exemplaire 
qu'll  lul  a  AtA  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-Atre  uniques  du 
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modification  dans  la  mAthode  normale  de  filmage 
sont  indiqute  ci-ifessous. 


□  Coloured  pagee/ 
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0 
D 
0 
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D 


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Pages  restaurtea  et/ou  pellicultes 

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Pages  dAcolortes,  tachetAes  ou  pIquAes 

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po 
of 
fill 


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be 

th( 
sic 
oti 
fin 
sic 
or 


r^   Quality  of  print  varies/ 


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obscurcles  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  4t*  filmtes  A  nouveau  de  fapon  A 
obtenir  la  mellleure  image  possible. 


Th 
sh 
Til 
wl 

Ml 
dH 
en 
be 
rig 
rei 
m« 


This  Item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film*  au  taux  de  rMuction  IndlquA  ci-dessous 

10X                           14X                            18X                           22X 

26X 

30X 

x; 

12X 


16X 


2DX 


24X 


28X 


32X 


Th«  copy  flim«d  h«r«  has  bMn  r«produc«d  thanks 
to  tha  ganarosity  of: 

Library  of  tha  Public 
Archivas  of  Canada 


L'axamplairn  filmA  fut  raproduit  grAca  k  la 
g4n4roslt*  da: 

La  bibliothiqua  das  Archivas 
puMlquas  du  Canada 


Tha  imagas  appaaring  hara  ara  tha  baat  quality 
possibia  conaidaring  tha  condition  and  laglbility 
of  tha  original  copy  and  in  Icaaping  with  tha 
filming  contract  spacif leatlona. 


Original  copiaa  in  printad  papar  covara  ara  filmad 
baglnning  with  tha  front  covar  and  anding  on 
tha  laat  paga  with  a  printad  or  iP'ustratad  impraa- 
sion,  or  tha  back  covar  whan  appropriata.  All 
othar  original  copiaa  ara  filmad  baglnning  on  tha 
first  paga  wKh  a  printed  or  illuatratad  Impras- 
sion,  and  anding  on  tha  last  paga  with  a  printad 
or  illustratad  Imprasslon. 


Laa  Imagaa  suivantaa  ont  AtA  raprodultas  avoc  la 
plua  grand  soin,  compta  tanu  da  la  condition  at 
da  la  nattatA  da  I'axampiaira  fiimA,  at  an 
conformity  avac  las  conditions  du  contrat  da 
filmaga. 

Laa  axamplairas  originaux  dont  la  couvartura  en 
papier  est  Imprlmte  sent  filmte  sn  commen^ant 
par  la  premier  plat  at  an  terminant  soit  par  la 
darnlAre  pege  qui  comporte  une  empreinte 
d'Impression  ou  d'illustration,  soit  par  la  second 
plat,  salon  la  cas.  Tous  las  autres  axemplaires 
originaux  sont  fllmto  en  commenpant  par  la 
pramidre  paga  qui  comporte  une  empreinte 
d'Impression  ou  d'illustration  at  en  terminant  par 
la  darnlAre  page  qui  comporte  une  telle 
empreinte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  tha  symbol  -^  (meaning  "CON- 
TINUED"), or  the  symbol  y  (meaning  "END"), 
whichever  applies. 


Un  des  symboles  suivents  apparaltra  sur  ia 
darnlAre  Image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — ►  signifle  "A  SUIVRE",  le 
symbols  ▼  signifle  "FIN". 


Maps,  platss,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratioa.  Thoae  too  large  to  be 
entirely  included  In  one  exposure  ere  filmad 
beginning  In  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  framea  as 
required.  The  following  diagrama  illustrate  the 
method: 


Lea  cartea,  planchee,  tableaux,  etc.,  peuvent  Atre 
fllmAs  k  des  taux  de  reduction  diff6rents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  cliche,  11  est  film*  A  partir 
de  Tangle  supArisur  gauche,  de  gauche  A  drolte, 
et  de  haut  en  has,  en  prsnant  le  nombre 
d'Images  nAcesselre.  Les  diagrammes  suivants 
illustrsnt  la  mithoda. 


1  2  3 


1 

2 

3 

4 

5 

6 

Let 


T      E      R 


FROM 


L 


Thomas  Lord  Lytteltoh, 


T    O 


Waiiam  Pitt,  Eirl  of  Chatham^ 


O  N    T  H  E 


Q^UEBEG      BILL. 


f  ^■ 


<3>1 


n 


^k^UKlm^^ 


N  E   W''  Y   O   R   Ki 

Re-ptinted  by  James  Rivinotoi*. 
M,Dcc,LXxir* 


\^ 


■»' .. 


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M 


fl 


.1    .»!  ■la^.Jta..^-., . 


:^:i:ss:!:«(|:«:|}s(l)&' 

»ew3«N}>ows«A»aMMmeM34H«cMa<l^a«oo4Htl 


:^ 


l>eo»»«&»o»mA»co«e«W» 

)s>;j<s(l5e(J5e(l 


f    m 


lit  ■ 


My  lord, 


\  f 


THE  bill  for  the  govei  nment  of  Quebec, 
whilft  it'engages  the  attention  of  the  pub- 
lic, cannot  but  bring  back  to  our  minds  that  glo- 
rious sera  when  Canada  was  added  to  the  Britiih 
Empire  by  the  fuccefs  of  his  Majefty's  arms,  as 
they  were  then  direfted  by  the  genius,  and  ani- 
mated by  the  vigour  of  your  councils.     It  has 
too  often  happened  that  national  wifdom  has  flept, 
while  the  fpirit  of  conqueft  has  been  awake-, 
whilft  therefore  the  fpirit  of  this  nation  was  fill- 
ing the  veflel  to  the  brim  with  her  treafures,  the 
handle  in  your  hand  ready  to  pour  them  out  on 
any  foil  where  your  ideas  could  fuggeft  a  return 
of  glory,  in  that  feafon,  my  Lord,  it  is  no  won- 
der that  the  low  and  ftill  voice  of  jurifprudence 
was  never  heard ;  but,   at  length,  is  the  time: 
come  when  a  fyftem  of  government  is  to  be  formi^ 
ed  for  that  extenfive  country,  differing  from  our 
own  in  her  religion,  her  laws,  her  habits,  and* 
htx  cuftoms.     Had  the  queftion  once  occurred 
to  your  Lordfhip  how  that  ought  to  be  done,  the 
pofleflion  of  Canada  might  not  perhaps  have 
been  the  firft  objeft  of  your  care  in  preference  to 
Guadaloupe,  Martinique,    and  the  other  rich 
iflands  which  were  reftored  to  the  French  and 
Spaniards  in  the  Weft-Indies.    But  it  does  not 

^B  appear 


(    4    ) 

appear  that  the  civil  edablifhment  of  Canadahii 
ever  a  place  in  your  thoughts ;  becaufe  after 
thirteen  years  pofleflion  of  the  country,  your 
mind  was  fo  entirely  vacant  on  this  fubjed,  that 
I  dont  find  your  Lordlhip  propofed  one  idea  of 
your  own,  either  for  the  framing  of  any  law,  or 
lor  the  amendment  of  that  law  which  has  lately 
received  the  royal  afllnt. 

If  ever  there  was  an  event  on  which  the  public 
might  demand  an  opinion,  it  had  a  right  to  yours 
on  the  fettlement  of  Canada.  From  your  rank 
and  experience  in  the  ftate,  your  importance  in 
your  country,  and,  above  all,  as  the  atchieve- 
ment  was  yours,  the  manner  of  maintaining  it 
fliould  have  been  yours  alfo.  You  was  the  mi- 
nifter,  the  uncontrolled  and  uncontrollable  mini- 
iler,  when  Canada  was  conquered.  When  you 
returiiCd  to  power  a  fecond  time,  you  propofed 
no  legiflative  a<5t:  for  its  regulation  and  goven> 
ment ;  muft  I  then  fay  to  you  my  Lord,  "  Vin- 
«'  cere  fcis,  vidtoria  ut  nefcis." — If  your  abilities 
are  confefled,  who  can  excule  your  neglect  ?  Or, 
if  in  this  bufmefs,  cither  inaccuracy  of  head,  in- 
attentio|i  of  mind,  incorrednefs  of  judgment,  or 
inf^Aiciency  of  reafon,  may  be  imputed  to  any 
maq,  on  whom  can  that  charge  fall  more  juftly 
than  upon  your  Lordlhip  ?  Why  then  did  you 
chobfe  this  peculiar  moment  to  break  forth  from 
your  retirement  ?  Surely,  my  Lord,  your  conde- 
fceijfion  is  not  fuch  as  to  lead  you  to  become  the 
mccr  harbinger  of  my  Lord  Mayor,  and  his  ad- 
drefs  'Jtfitbin  the  palace,  and  or  his  co-patriots 
wifhoifty  who  attended  his  Majefty  from  St^ 
Janies's  to  the  parliament.  ,, ,,  i., 

'yhe  dcors  of  the  houfe  of  Lords  are  fhut,  but 


^ 


II 


(    5    } 

l.ord  Chatham's  exprefRons  are  not  (nor  are  they  . 
meant  to  be)  confined.  I  mean  not  to  comment 
on  your  afTortment  of  the  epithets  by  which  you 
defcribed  the  a£i  of  parliament — they  were  atroci- 
ettSi  Jhallow^  inept.  Popery,  you  faid,  was  efta- 
bliihed,  the  Proteftant  church  devoted,  and  the 
veil  of  its  temple  rent  afunder  -,  and  that  the 
lCing*s  minifters  might  us  well  begin  to  pull 
down  all  the  proteftant  fleeples  ;  and  that  thei'e 
xninifters  had  at  length  thrown  off  the  mafque, 
^d  opened  their  plan  of  defpotifm. 

This  plan  of  defpotifm,  my  Lord,  is  the  fub- 
ftitution  of  an  a6h  of  parliament  in  lieu  of  a  go- 
vernment by  proclamation  %  a  proclamation 
which  at  firft  was  didated,  has  been  often  varied, 
9nd  till  this  time  has  fubfifted  by  the  meer  will 
and  pleafure  of  the  crown.  It  was  ifttperium  homi- 
nis  that  has  governed  the  Canadians  fmcc  the 
peace ;  it  i?  impmum  kgis  that  is  to  govern  them 
hereafter.  Is  it  neceflary  for  me  to  explain  to 
your  Lordfl^ip  which  is  a  flate  of  liberty,  and 
iVhich  of  tyranny  ?  Cpnverfant  with  the  hiftory 
and  fate  or  nations,  you  Lordfhip  knows  that  all 
thole  unhappy  people  who  have  lofl  their  liber- 
ties, haVe  feen  thofe  liberties  end  precifely  where 
the  government  of  will  began.  But  your  Lord- 
fhip is  pleafcd  to  reverfe  this  propofition  j  and 
you,  who  in  your  love  of  paradoxes  formerly  told 
us  that  Canada  was  conquered  in  Germany,  now 
tell  us  tliat  this  fame  Canada  is  enQaved,  becaufc 
it  is  no  longer  to  be  governed  by  proclamation, 
but  by  law. 

Let  us  ftop  for  a  moment,  to  fee  what  the  go- 
vernment of  Canada  was,  under  the  proclamation 

which 


i 


I' 
It  ' 


(    6    ) 

which  you  wifli  to  perpetuate, — it  comprehended 
EaftFlorida,  Weft  Florida,  and  the  Grenades,  to- 
gether with  Canada,  countries  as  different  in  their 
tftablifliments  as  in  their  foil,  and  in  their  cli- 
mate ;  various  therefore  were  the  inftruftions 
given  to  the  feveral  governors,  and  afterwards 
changed  according  as  information  and  experience 
pointed  out  new  fyftems.  In  Canada  the  French 
laws  alone  prevailed  till  1764,  then  the  Englifh 
laws  got  fome  footing.  The  governors  and  offi- 
cers of  juftice  ahvays  doubtful  which  to  take  for 
their  guide,  fometimes  prcfcring  the  Englilh, 
fometimes  the  French  laws,  as  each  feemed  ap- 
plicable to  the  cafe  before  them— One  year  a  pro- 
clamation, another  year  an  inftruftion  to  a  go- 
vernor, another  year  a  local  ordinance,  changed 
the  principle,  and  varied  the  courfe  of  their  jufti- 
ciary  proceedings.  —In  this  ftate  of  fluduation, 
no  man  knew  by  what  right  he  could  take,  or 
give,  inherit,  or  convey,  pofTefs,  or  enjoy  pro- 
perty J  or  by  what  mode  or  rule  he  could  bring 
his  right  to  a  trial.  One  neceflary  confequencc 
was  a  frequent  refort  to  the  crown  for  amend- 
ment, explanation,  and  decilion-,  "  cujus  eft  con- 
•' dere,  ejus  eft  interpretari." — And  what  lefs 
than  defpotifm  is  the  power  of  the  crown,  when 
it  can  create  or  interpret,  eftablifh  or  deftroy  laws, 
by  virtue  of  its  own  mandates  ? 

The  condition  of  thefe  wretched  people  under 
this  government,  is  defcribed  by  Lord  Coke  in 
the  very  motto  which  he  chofe  for  his  works, 
"  mifera  eft  fervitus  ubi  jus  eft  vagum  aut  incog- 
"  nitum."  I  need  not  tell  your  Lordfhip  that 
the  parliament  of  Henry  VIII.  gave  the  King's 

pro- 


(    7    ) 

proclamations  the  power  of  law ;  it  muft  give 
lome  comfort  to  all  fober  people  to  fee  the  parli- 
ament of  this  day  annul  the  force  of  a  proclama- 
tion,  in  order  to  eftabliih  law, — If  therefore  I 
can  agree  with  you,  my  Lord,  in  thinking  the 
King's  minifters  are  fo  atrocious  as  to  have  form- 
ed any  plan  of  defpotifm,  I  muft  agree  with  you 
alfo,  that  they  are  more  inept  and  fhallow  in  the 
execution,  fmce  they  have  let  go  the  very  power 
which  you  fay  they  grafp  at  j  and  if,  my  Lord, 
there  could  ever  be  a  proper  time  to  infult  the 
King's  perfon  with  a  cry  of  arbitrary  power,  fure- 
ly,  my  Lord,  there  could  have  been  no  time  lefs 
feafonable  than  that,  when  he  was  going  to  give 
his  aflent  in  parliament  to  reftore  to  the  Canadi- 
ans their  birth-right  in  their  laws,  and  to  relin- 
quilh  that  very  power  which  conqueil  had  put  in 
his  hands. 

This  proclamation,  however,  we  are  told, 
with  the  treaty,  and  other  a£ts  of  royal  authority, 
was  confidered  as  an  engagement,  under  which 
the  colonifts  embarked  their  perfons,  and  the 
merchants  their  fortunes  for  Cana*k,  and  that  the 
national  faith  was  plighted  to  form  a  government 
as  near  as  may,  be  agreeable  to  the  laws  of  Eng- 
land •,  for  it  is  faid,  that  none  would  have  em- 
barked or  traded  thither,  without  the  profpeft  of 
Englifh  laws,  and  of  Englifh  juries.  How  far 
the  real  engagement  has  been  kept,  and  whether 
any  part  of  the  laws  of  England,  that  could  be 
executed,  have  been  with-held,  we  Ihall  enquire^^ 
bye  and  bye;  but  firft  let  me  appeal  to  your 
Lordfhip's  knowledge,  and  the  kncv/lcdge  of 
every  man,  whether  it  is  necefTary  there  fhould 


■  M^  ?       "*v 


■, 


(    8     ) 

be  a  trial  of  jury,  wherever  our  merchants  export 
their  manufadlurcs  ?  In  all  our  great  tbreicn  mar- 
kets there  are  no  juries  :  In  /\merica  there  arc 
juries  ;  but  if  you  will  a(k  the  merchant  whether 
he  expeds  a  furer  payment  from  Hamburgh,  6ff . 
or  from  Boflon,  I  don't  believe  he  will  anfwer 
for  the  Boftonians.  It  would  be  impertinent,  my 
Lord,  to  introduce  what  1  fhall  take  the  liberty  to 
fay  upon  juries,  with  any  panegyric  upon  that 
blefled  inilitution. — Its  praifcs  arc  written  in 
in  our  hearts  :  but  the  conftitution  of  juries  may 
be  compared  t  a  fabric,  where  every  mintitc  ma- 
terial is  eflentially  neccffary  to  the  wfety,  ufeful- 
nefs,  and  beauty  of  the  whole.  Permit  rnc  then 
juft  to  mention  what  an  Englilh  jury  w,  before 
I  aik  what  a  Canadian  jury  mt^  be. 

In  England,  the  iheriff  in  a  public  nnanner 
takes  the  names  out  of  the  lift  of  freeholders,  as 
chance  has  placed  them.  He  may  return  fix  panels, 
whicli  are  leventy- two  jurors,  and  he  cannot  xttyj^tzi 
Icfs  than  four,  which  are  forty-eight  at  every 
aHiZCi  and  that  thefe  jurors  may  not  become 
hackneyed  in  their  office,  or  marked  for  Icdiidion, 
none  are  to  be  returned,  but  who  have  not  ierved  for 
two  years  before  (except  in  Middlcfek,  wliere  the 
law  has  been  altered,  perhaps  for  the  wor(e,  for 
Middleiex  juries  though  better  praiEli led,  are  not 
better  than  other  juries ;)  and  in  Yorkfliire,  bc- 
caufe  of  the  largenels  of  the  county,  freeholders 
cannot  be  returned  but  once  in  four  yeats. 

Ihiis,  my  Lord,  the  uncertainty  of  who  fliall 
be  jurors,  and  the  nature  of  the  office  itfelf  com- 
mencing inftantly,  and  ending  inftantly  in  public 
court,  g;ves  no  pofTibility  of  previous  folicitation 

or 


f 


I 


.     (     9    ) 

cr  fedu(5kioni  but  dill  there  follows  a  right  of  chaf- 
Icnge,  to  exclude  every  man  again fl  whom  a  fuf- 
picion  hes  of  partiality  or  prejudice}  whether  from 
afFeftion,  affinity,  or  interelt. 

Let  us  now,  my  Lord,  fee  what  is  the  fund 
for  an  Englijh  jury  in  Canada  \  the  number  of 
freeholders  (I  do  not  fay  there  are  none)  is  fmall in- 
deed \  there  are  about  three  hundred  Englishmen, 
who  are  houfe-keepers,   and  of  thefe,    perhaps 
thirty  or  forty  are  of  tlic  rank  of  merchants  and 
tradefmen ;  the  red  are  difbanded  foldiers,   mod 
of  them  futlers  \  and  it  is  a  melancholy  confide- 
ration  that  their  chief  traffick  is  in  fpirituous  li- 
quors, of  which  they  fhare  pretty   largely  with 
their  cuftomers  the  common  foldicr^.     The  courts 
of  juftice  fit  once  a  week.     The  number  of  the 
better  fort  of  Englifh  will  not  affowi  out,  legal 
panel  in  the  whole  year,  and  infufficient  to  do  the 
bufinefs  of  juries,  even  fuppofing  them  to  give  up 
their  time,  and  every  other  occupation  jto  that 
iervicc  only :  Mr.  Maieres  therefore  admits  that 
the  burthen  of  attendance  would  be  intolerable 
without  payi  and  he  propofes  five  (hillings  a  head 
for  every  time  they  fcrve :  thus  the  office  of  jury- 
men would  become  a  trade,  a  trade  indeed)  that 
none  of  the  better  fort  will  follow,  but  nmft  fall 
of  courfe  upon  thofe  veterans  who  ha^vc  left  the 
army  for  thegin-lhop:  fuch  muft  be  the  Englilh 
jury  in  Canada,    without  freeholders,   witihouc 
challenge,  without  cuane;e,  and  in  jfhort  without 
one  attribute  of  an  Englifh  jury.     Corruptio  opti- 
mi  fitpeffma^  is  a  true  old  aaage,  and  I  fpeak  it 
as  a  proof  of  the  perfeftion  of  an  Englilh  jury, 
that  in  an  imperfedt  ftate  it  would  be  the  worft 

C  way 


M 


11 
i 


I 
I 

i 


'if 

m 


v!ay  of  trial  upon  e^rth.     But  it  may  be  faid^ 

therie  are  above  an  hundred  thoufand  Canadians., 
qualified  to  ferve  upon  juries ;  why  not  take  your, 
juries  froni  them?  Becaufe  your   Lordfhip  m\k 
hardly  truft  the  property  of  your  countrymen  to, 
a  jury  of  Canadians  only.     But  the  juries  njay  be 
mixed,— in  what  proportion  ?  If  you  take  an  equal. 
number  of  Englifh  and  of  Canadians,  how  are 
they  to  decide  at  all?  Or  take  an  «»^^««/ number, 
and  decide  by  vote,  (as  in  courts  martial)  then  if 
the  majority  of  the  jury  be  Canadians,  the  verdict 
will  be  the  fame  as  if  the  whole  was  Canadian,   or 
if  you  throw  the  majority  on  the  fide  of  the  En-, 
glilh,  where  is  the  impartiality,  on  which  the  Ca- 
nadian can  depend  ? 

Befides,  the  civil  law  of  France,  and  the  trial, 
by  jury  in  England,  are  {q  diflbnant,  that  the  ' 
forms  of  one  can  never  be  blended  into  proceed-, 
ings  of  the  other;  the  rules  in  reipedj:  of  tenures, 
alienations,  dowers,  and  inheritances  are  quite 
different  i — how  could  the  law  go  dp  in  the  two 
different  languages  ?  If  the  Canadian  /hould  have 

--«  caufe  to  try,  how  can  his  advocaiijprc^^re  the 
procefsfor  an  Englijb  jury?  Ox  if  lie  goes  to  an 
Englifh  attorney,  how  is  the  latter  to  fettle  a  pro  ^ 
ceeding  according  to  the  laws  of  Paris  r-  , 

But  in  crimtnal  law  the  cafe  is  different;  for  to 
the  faft  of  guilt  or  innocence,  one  man  is  as  com- 
petent as  another  J  and  in  our  own  courts,  it  is 
the  aftual  pradtice,  where  a  foreigner  is  to  be 
tried,  to  have  a  jury  de  medietate  lingua  ^  one  half 

Englifh^  one  half  foreigners. 

I  mean  not,  my  liOrd,  a  general  defence  of  the \^ 

cciminal.  laws  of  England,   as  they  are  of  Jate 

ycar% 


m 


i 


/         w 

years  multiplied  and  extended.     Fbr  if  a  moiety 
of  thofe  who  are  condemned  were  co  luffer  deatn, 
'their  blood  would  cry  out  for  vengeance;  and  I 
^  am  perfuaded,    that  the   frequency    of  pardons, 
even  \vhere  mercy  is  due,  gives  rife  to  nine  in  tea 
'x)f  the  thefts  and  robberies  that  are  committed. 
.  But  the  French  law  of  torture  to  procure  confef- 
fion,  is  to  us  unknown.     On  the  contrary,  the 
accufed  perfon  is,  or  ought  to  be,  warned  from 
'    •injuring  him  (elf  by  his  own  confeflion.     It  is  but 
modern  law  that  any  man  could  be  convidled  oh 
his  own  confefTion,    and    even   nOw   confcfTions 
ought  not  to  be  admitted  without  the  greateft  cau- 
tion. 

To  us  is  unknown  likevyife  all  cruelty  of  punifh- 
ment;  no  racks,  or  wheels,  or  inrtruments  of 
barbarity  nnd  tyranny  are  to  be  leen  in  oar  execu- 
tions. From  thefe  appendages  of  ddpotifm  are 
the  Canadians  now  delivered,  and  may  live  pro- 
teffled  in  their  fortunes,  their  honours,  and  their, 
lives,  under  what  I  trull  will  Hand  for  ever,  the 
impregnable  forrrefs  of  an  Englifh  jury. 

In  the  courfe  of  all  the  evidence  that  has  been 
laid  before  the  public,  we  find  that  the  Canadians 
have  exprefled  one  conflant  uniform  wifh  to  be 
.governed  by  their  own  laws,  and  that  the  Englifh 
have  as  fervently  dcfire^  to  be  governed  by  the 
laws  of  England.  The  Canadians  are  above  one 
hundred  thoufand,  the  Englifli  not  more  than  two 
thoufand  men,  women,  and  children.  The  legif- 
Jaturc  was  therefore  to  confider  whether  the  law 
and  government  ought  to  be  adfiotcd  to  t' 


»rthe/<?w. 


e  manj 
There 


s 

i'!^  *■ 


i 


iii 


!  . 


•  ;5 ': 


h  )'; 


:;  II : 


a^ 


1 


u 


M  if 


> 


There  can  be  no  rule  for  the  compofing  of 
laws,  but  the  fentiments  and  inclinations  of  thofe 
who  are  to  be  governed  by  them. 

In  a  ftate  of  nature,  liberty-knows  no  bound  but 
that  of  fuperidr  force. 

"  Jura  inventa  niietu  injutti,"  and  that  portion 
of  liberty  which  each  man  is  willing  to  give  up 
tor  the  convenience,  fafety,  and  protection  of  in- 
dividuals, of  families,  of  Ib'cieties,  and  of  dates, 
is  the  Htf.  principle  of  law.  It  is  true,  the  multi- 
tude do  not  compofe  the  form,  but  it  mull  be 
framed  to  TX^rrefpond  with  their  genius  ahd  tem- 
per, fo  that  their  underilandings  may  be  prepared 
to  meet,  and  their  hearts  ready  to  embrace  it. — 
The  hac^its,  cufloms,  and  manners  of  a  people,  arb 
the  mirror  in  which  alone  their  general  dilpofition 
may  be  feen  5  even  regard  muft  be  had  to  their 
prejudices  and  their  weaknefs;  for  law  muft  be  en- 
a£ied  (as  Grotius  has  expreii^d  it)  <*  cum  fenfli 
humanae  imbecillitatis."  When  Solon  was  com- 
plimented on  having  given  good  laws  to  his  coun- 
trymen, his  reply  was,  *'  They  are  only  fiich  as 
*'  the  Athenians  are  capable  of  receiving.**  EveA 
the  law  of  God,  as  propofed  by  Moies,  was  lub- 
initted  to  the  judgment  of  the  people  before  it 
was  adopted  by  them.* 

But  it  ihefe  rules  are  indifpenfable  in  thtfortna^ 
tiotty  they  apply  much  more  forcibly  to  the  adlual 
eftablifhment  of  law.  If  nothing  but  violence 
can  impofe  law,  it  would  be  flill  greater  tyranny 
to  rob  a  nation  of  that  law  which  they  approve 
upon  experience,  and  which  is  endeared  by  habit. 
Allowing  then  that  the  Canadians  prefer  a  worfe 

law 

•  Exodus,    ~ 


it 
■■■X 


(  13  ) 

^aw  to  a  better,  even  that  bad  choice  is  decifive 
^  upon  the  condudl  of  Great-Britain.  They  yielded 
themfelves  up  to  our  protedion  and  our  faith. 
How  then  can  we  deprive  them  of  the  fird;  rights 
of  human  nature  ? 

We  are  now  come  to  that  part  of  the  bill  which 
relates  to  their  religion ;  and  knowing,  my  Lord» 
how  much  you  are  an  admirer  of  civil  liberty, 
and  can  repreient  it  with  fb  many  graces  and  ad- 
vantages, I  fhould  have  been  glad  to  have  heard 
that  your  Lordlhip,  with  equal  grace  and  dignity, 
had  fupported  the  caufe  of  religious  liberty.  But 
it  feems  you  declared  that  no  true  Proteflant  could 
'  fupport  this  bill. — No  true  Proteftant,  my  Lord, 
<  can  be  a  periecutor ;  no  true  Proteftant  can  har- 
bour any  fuch  idea  as  that  of  eftablifhing  religion 
by  force.  Is  the  Spaniard  in  Mexico  to  be  an 
example  for  a  Proteftant  legiflature  i 

Religious  liberty  is  nearer  to  the  heart  and  con- 
science than  at;// liberty  i  for  why  are  Roman  Ca-  , 
tholics  deemed  enemies  to  our  conftitution  ?  Not 
becaule  they  don't  love  liberty,  (we  owe  Magna 
Charta  to  them)  but  becaufe,  without  fubverting 
the  conftitution  and  the  law,  the  Romifh  religion 
can  never  be  reftored. 

The  reformation  was  not*  the  work  of  force.— 
Science  had  begun  to  dawn,  and  to  dilpel  fuper-  „ 
ftition.  The  tyranny  of  Rome  was  become  hate- 
ful, and  her  authprity  contemptible,  when  that 
great  event  took  place.  The  defires  and  opinions 
of  the  people  co-incided  with  the  humours  of 
the  King:  and  the  moment  parliament  had  efta- 
blifhed  the  Proteftaht  religion,  it  became  not  the 
vbice  only,  but  the  aft  of  the  whole  nation.  The 

cafe 


^f; 


14 

.1 
I, 
.1- 


f 


I 


ii 


H 


:  t 

Hi 


r' 


'  J, 


.   {    H    )  - 

cafe  of  Canada  is  totally  different.  The  peopie 
fbere  adhere  to  their  religion^  and  did  not  furrender 
without  a  ftipulation  and  folemn  engagement  tor 
^he  free  cxercife  of  it.  Your  Lordfliip  was  Mini- 
H^rwhen  the  capitulation  was  granted  by  Sir  Jef- 
fcry  Amherft,  and  you  found  no  fault  with  that 
able  General  for  that  prudent  and  hun^ane  con- 
t:efrion.  This  freedom  was  again  infurea  at  the 
peace,  approved  and  confirmed  b;  parliament  j 
nor  did  your  Lordfhip,  in  your  long  dilplay  of 
eloquence**  on  that  occafion,  once  blame  thai 
part  of  the  treaty.  But  you  are  now  pleafed  to 
■call  the  meafure  atrocious^  Jballow^  and  inept ^  be- 
caufe  it  has  fecured  to  the  clergy  their  propertyp 
and  becaule  it  has  fubilituted  an  oath  of  allegiance 
inftead  of  that  of  fupremacy  as  required  by  tlie 
ift  of  Elizabeth.  The  beft  diftindtion  I  know 
•between  eftablifhment  and  toleration  is,  that  the 
greater  number  has  a  right  to  the  one,  and  th;: 
•lefler  to  the  other.  The  public  maintenance  of  a 
clergy  is  inherent  X.o  eJiahUJhment\  at  the  Refor- 
mation, therefore,  as  much  of  the  church  eftatcs 
as  were  thought  neceflary  for  its  fupport,  were 
transferred  to  the  Proteftant  church  as  by  law 
cftabli-Oied.  Surely  then,  when  the  free  excrcife 
of  the  national  religion  was  given  to  the  Canadian 
nation,  it  could  never  be  underftood  that  they 
were  to  be  deprived  of  their  clergy  -,  and  if  not, 
a  national  provifion  for  that  clergy^  follows  of 
courfe.  •   •" 

It  has  alfo  been  aflerted,   that  the  Proteftant 
religion  has  been  rooted  out  of  Canada  by  this 

*  Lord  Chatham  Tpoke  three  hours  and  a  half  dgainft 
the  peri.ce. 

'  ^^         .      bill 


ivi5    ) 


^-'i 


..i.U 


T. 


bill.  The  rcverfe  is  the  truth  ;  for  no  man  who 
2j,  or  may  become  a  Frotcflant,  is  to  pay  tythes 
or  any  church  dues  to  the  Romifli  eftablilhment, 
but  the  money  is  ftill  to  be  colledled,  in  order  to 
conftitute  a  fund  tor  the  raifing  and  fupportingof 
a  Proteflant  church  in  Canada. 

Some  have  doubted  whether  thole  claufes  of 
the  I  Eliz.  which  eftablifli  the  oath  of  Iwpremacy, 
extend  to  any  of  his  Majcfty's  prefent  dominions, 
but  fuch  as  belonged  to  the  crown  when  that  me- 
morable flatute  was  made.     If  this  conftraflion 
is  a  true  one,  the  Canadians  were  not  obliged  ta.    - 
take  the  oath  of  ilipremacy;  and  the  new  oath 
which  the  Quebec  bill  has  eftablilhed,  is  fo  far  an 
acqoifition,  and  advantageous  to  the  caufe  of  pro- 
teftandfm,  as  it  adds  to  the  common  oath  of  alle- 
giance, and  obliges  every  Catholic  of  Canada,, 
who  fiiall  henceforth  exercife   any  fundion,  civil 
or  religions  to  renounce  all  pardons  and  dijpenfations. 
from  any  power  or  per  [on  wbcmfoever  contrary  to 
that  oath.     But  if  we  are  to  fuppofe  the  above- 
mennoncd  conftrudion  to  be  falfe,  and  that  every 
part  of  the  ifl  of  Eliz.  extends  to  all  his  Majefty's 
prefent  dominions,  I*  will  venture  then  to  affert,  that 
the  Roman  Catholic  religion  would  not  have  had.  , 
in  Canada  even  the  advantage  of  a  toleration,  if  ^ 
the  oath  of  fupremacy  had  not  been  repealed.  For 
re  honeft  Roman  Catholic  Prieft  could  have  takea 
that  oath  in  the  true  lenfe  of  the  words  in  which 
it  is  expreflfed  ;  and  if  he  ventured  to  exercife  any 
ecclefiaftical   fundion  without  having  taken  it, 
he  would  have  been  fubjeft  to  all  the  penalties  and 
difabilities  which  the  law  has  in  fuch  cafe  indicted ; 
^nd  that  there  arc  perfops  in  Cai^^da  ready  to  com- 

i^ience 


m'^ 


» . 


"J 


I 


if 


t  III 


r 


(    16    ) 

mence  profecutions  flgainft  every  offender  of  thii 
kind»  we  can  haiuiy  doubt,  when  we  recolledt 
that  one  grand  jury  thought  it  their  duty  to  make 
a  public  prefentment  of  every  Roman  Catholic  of 
the  province;  and  muft  therefore  have  confidered 
them  not  only  as  perfons  not  under  the  protefbioa 
of  the  law,  but  as  offenders  againfl  it.     But  tho' 
the  legiflature  has  thought  fit  to  repeal  the  oath 
eflabliihed  by  the  id  of  Eliz..  aad  to  fubdicute 
another  oath  in  the  place  of  it>  which  in  truth  is 
no  more  than  what  has  been  frequently  done  be- 
fore ;  yet  the  King's  fupremacy  is  not  on  that 
account  in  any  danger,  as  has  been  isnorancly  and 
abfurdly  fuppofed.     The  Quebec  bill,  inftead  of 
giving  up  his  Majefty's  fupremacy,  afierts  it  as 
cflablifhed  by  the  lil  of  Elizabeth;  that  is,,  in 
all  cafes,  ecclefiaflical  as  well  as  civil;  no  eccle- 
fiaflical  ofHcer  or  minifter  can  exercife  in  Canada 
any  authority  or  jurifciiftion  that  is  not  derived 
from  the  crown :  and  if  any  man  fhall  hereafter 
prefume  to  exercife  therein  any  powers  derived 
from  any  foreign  authority,  or  jurifdidtion  what- 
foever,  or  fhall  malicioufly  and  unadvifedly  endea- 
vour to  advance  or  fupporc  the  claims  or  preten- 
fions  of  the  Pope,  or  of  any  foreign  prince  or 
flate,  he  will  flill  be  fubjefb  to  the  fame  pen^ties 
to  which  he  would  have  been  liable  if  the  Quebec 
bill  had   never  pafTed;  and  the  law  of  England 
has  flill  in  flore  pi^nifhments  fully  fufficient  to 
deter  the  molt  zealous  Catholic  of  Canada  from 
the  commiffion  of  fuch  an  offence. 

Since  then  your  Lordfhip  has  been  fb  very  fc- 
vere  in  your  flridtures  on  this  part  of  the  Que- 
bec bill,  let  me  again  implore  you  to  tell  us  what 

plan 


i> 


h 


I 


(     '7    ) 

iplan  you  yourfelf  would  recommend  :  "Would 
•you  now  conilrue  ihcfrec  exercife  of  religion  to  be 
icfs  than  the  Canadians  thought  it  w'lcn  they 
threw  thomfelves  upon  your  faith  ?  Would  you 
now  become  their  perfecutor?  Or  would  you  fbill 
fufi'er  them  to  enjoy  their  religion,  with  its  con- 
iequential  property  ;  but  enjoy  it  not  by  the  con- 
ftitutional  authority  of  an  acl  of  parliament,  but 
•by  virtue  of  an  a£tual  exercife  of  a  difpentlng 
power  in  the  crown  ? 

Your  Lordiliip  is  faid  to  have  aQlrted  thele 
two  things  •,  that  the  bill  was  intended  to  raife  a 
Itrength  in  Canada,  in  order  to  intimidate  other 
;parts  of  America  i  and  then,  that  the  bill  was  in- 
jurious to  the  Canadians. 

The  imputfd  injury  is,  that  the  law  of  France 
which  is  delpotifm,  is  entailedy  and  the  law  of 
England  which  is  freedom,  annulled. 

There  is  a  dillindtion  to  be  made  between  the 
law  of  France,  and  the  government    of  France. 

The  one  /j,  the  other  is  not  defpoLlc.  Th* 
law  of  France  originated  in  freedom.  The  Franks 
•%vere  a  people  of  Germany,  who  came  and  fet- 
tled in  Gaul :  their  Kings  were  eledive,  and  their 
power  (b  limited,  that  all  their  authority  was  Je-. 
rived  from  their  merit  and  virtue*.  They  pre- 
ierved  their  liberties  till  the  13th  century,  when 
they  were  deftroyed  by  th^e  contrivances  of  Enge- 
raurd  deMarigny,  the  minuier  of  Phiiip  t!  c  Fair. 

At  this  period  the  delpotifm  of  France  began  ; 
from  thence  may  be  dated  the  lluftuations  in  the 

*  Reges  fx  nobllitate  ;  duces  ex  virtute  farriunt  ;  nee  rr- 
gibus  infiniti  vel  libtra  poteftas.  Et  duces  cxemplo  potius 
^uam  impeiio  pra-lunt.     Tac, 


;!'r 


I 


M' 


i 


(     i8    ) 


/ 


adminiftration  of  their  jiifticc,  the  iniVability  of 
property,  the  b»inillimehts  of  tlieir  parliaments, 
together  with  their  Icttres  de  cachet,  none  of 
which,  my  Lord,  are  the  inftitutions  (^  the  law, 
but  the  exceflcs  of  that  power,  which  has  arifen 
upon  the  demolition  of  law..  What  a  glorious 
and  happy  revoliltion  would  France  experience, 
could  you  at  this  moment  reftore  her  ancient  laws 
free  from  the  controul  6f  power  !       •"    '  ••'    ' 

This  is  the  very  bleffing  :  which  the  Quebec 
bill  inflates  the  Canadians,  not  tor7t  from  the 
church,  but  feparated  from  the  ftate  of  Rome ; 
they  are  in  poflefTion  of  the  law  which  they  love, 
under  a  government  that  muft  take  that  law  for 
its  guide,  where  the  miniflers  of  the  crown  can 
neither  iflue  a  general  warrant,  nor  imprifon  by 
a  lettre  de  cachet^  but  every  illegal  or  opprelTive 
a6l  that  would  be  impeachable  and  punifliablc 
againft  an  Englifhman,  will  be  equally  criminal, 
in  refped  of  the  Canadians. 

One  word  to  the  policy  of  this  bill,  and  I  have 
done.  I  do  not  mean  to  confider  the  general  po- 
licy, whether  England  had  better  have  refted  up- 
on her  natural  innate  ftrength,  or  have  become 
the  head  of  a  divided  empire,  over  different  na- 
tions of  different  faith.  Her  former  ftate,  as  in 
the  days  of  Queen  Elizabeth,  was  the  theme  of 
poetical  rapture.  \^  » 

Oh  England  model  of  tJ^inv^ard  greatnefs^       i^'-"  '•  - 

Like  little  body  with  a  highty  heart. 

Shakespeare.    - 

Was  the  fame  poet  to  celebrate  your  admini- 
ftration, he  would  fpeak  of  England  as, 

Beftriding  the  world 

.Uki.  a  Colojfus. — -     '   ^  But 


(  ":. 


i 


(     19     ) 

I 

But,  my  Lord,  whomever  we  pretend  to  go- 
vern, whether  natural-born  fubjeas  or  adopted 
ones,  this  is  certain,  that  that  policy  is  beft,  which 
is  bed  calculated  to  unite  them  all  in  one  com- 
mon bond  of  intereft,  affeftion,  and  duty. 

*  Here,  my  Lord,  let  me  aik,  what  was  your 
objed  in  acquiring^  what  in  retaining  Canada,  but 
that  France  might  not  have  at  her  command  a 
body  of  men,  either  to  attack  our  American  fet- 
tlements  in  time  of  war,  or  harafs  them  in  time 
of  peace,  by  inciting  the  native  Indians  to  invade 
them  ?  Would  you  wilh,  my  Lord,  to  fpoil  the 
fruits  of  your  own  conqueft  in  the  word  manner 
poflible  ?  Which  would  be,  to  keep  the  hearts 
of  the  Canadians  devoted  to  France,  whenever 
Hie  might  call  them  to  arms. 

But  there  is  another  confideration  which  makes 
the  afFcdtion  of  the  Canadians  dill  more  defire- 
able. — I  Ihould  be  afraid  to  mention  it  if  your 
Lordlhip  had  not  proclaimed  it  already  ;  it  is 
the  prefent  ftate  of  Bofton  :  Should,  my  Lord, 
(which  God  avert)  a  fatal  necefllty  arife,  (as  your 
Lordlhip  has  has  been  too  apt  both  to  prognofti- 
cate,  and  toadvife)  to  coerce  America-,  do  you  wifh 
in  that  melancholy  event,  to  combine  the  heart  of 
the  Canadian  with  that  of  the  Boftonian  ?  Was 
Canada  now  in  the  pofleffion  of  France,  and 
Ihould  the  Boftonian  relolve  upon  rebellion,  there 
can  be  no  doubt  whither  he  would-  look  for  fup- 
port,  and  for  encouragement.  But  the  lofs  of 
that  hope  may  happily  difpofe  him  to  better 
thoughts. 

If  then,  my  Lord,  the  Quebec  bill  is  founded 
in  that  firft  principle  of  all  law,  the  concurrence 

and 


and  approbation  of  the  people:^  and  if  its  end  is  that, 
for  which  all  government  ought  to  be  inilituted, 
the  happinefs  of  the  governed^  tlien  will  this  bill 
which  your  Lordihip  thought  atrocious,  Jballow^ 
and  inept,  appear  confonant  to  juftice,  wifdom, 
benevolence,  and  poKcy  •,  and  the  legiflature  of 
this  country  will  have  followed  an  illuilrious  ex- 
ample of  antiquil^;- in  making  fuch  regulations 
for  the  Canadian/i,  "  ^'^  in  fua  ripa  legibufquc 
**  fviis,  meiite  animoque  nobifcum  agant.'* 


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•The  late  VOYAGE  roukd  t.he  WORLD,  in  tke  Jhip 
Endeavour,  performed  hy  Captain  C.ooic,  rxiith  Mr,  Banks 
end  Dr.  Solanper;  and  puhitJJjed  by  his  Mcijejly^s  command, 
hy  Dr.  Hawksworth. — Adoffied  nvith  a  map,  and  other 
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